Terms of Business (TOB) for My Expert Market

These Terms of Business (TOB) specify the terms for using the My Expert Market website at www.myexpertmarket.co.uk, operated by My Expert Ltd, a company registered in England and Wales under number 14502218, with its registered office at Blenheim Court, Suite G01, Peppercorn Close,Peterborough, Cambridgeshire, United Kingdom, PE1 2DU.

The platform is accessible to individuals (the “Users”) who visit or publish content on the portal.

This section ensures users have clear definitions for terms related to services, roles, platform interactions, and regulatory compliance.

1. GENERAL PROVISIONS

1.1. Definitions

Experts’ Address: The registered business address provided by Expesrts upon registration.
Current Version of the TOB: The latest TOB document available on the platform’s website.
Subscription: A monthly or annual fee granting access to platform services.
Database: A structured collection of data about Users, services, ads, and reviews managed by the platform.
Customer Service Office: The support team responsible for assisting platform Users.
Industry: The specific sector or field of expertise of the Professional.
Help Centre: Online resources available to guide Users in utilizing the platform’s features.
Price List: A published list of fees associated with using the platform’s features.
Certificate: A document verifying a Professional’s qualifications or skills.
Personal Data: Information that identifies a User on the platform.
Contact Data: Information used to communicate with a User, such as email or phone number.
Expert: A platform User offering professional services.
Contact Form: A tool for communication between platform Users.
Job Marketplace: A platform section where job listings are posted and viewed.
Calendar: A scheduling tool for booking appointments with specialists.
Account: A User’s profile on the platform, enabling access to platform functions.
Account Types: Includes Free, Standard, Premium, and Premium Plus accounts, each varying in features and cost.
Lead: A potential client that a Professional contacts via the platform.
Location: The geographic location or business address of the User.
VoIP Number: An Internet-based telephone number provided to Users by the platform.
Personal Data Protection: Policies and procedures that protect Users’ personal data and privacy.
Review: A rating or comment on the services received from a Professional.
Offer: A Professional’s response to a job posting by a Client.
User Package: A bundle of features and services available based on the chosen account type.
Platform | MyExpert Market | Website: The online service provided under the My Expert Market name.
Payments: Financial transactions conducted on the platform.
Sanctions and Blocks: Measures taken by the platform in case of regulation violations.
Mailbox: The email address Users use for platform communication.
Subscription: A fee granting access to paid features on the platform.
User: A natural or legal person who uses the platform.
Verification: A process to confirm a User’s identity on the platform.
Request: A request for specific services published by a Client.
Changes to the TOB: The procedure for updating the TOB regulations.

This section specifies the platform’s service offerings, support structures, and commitment to data protection and consumer rights, as well as its adherence to important legal and security standards.

2. SCOPE OF SERVICES

2.1. General Scope of Services

Platform Purpose: My Expert Market functions as an online brokerage platform connecting Users with Experts from various industries allowing Experts to promote their services.

2.2. Platform Features

2.2.1. Professional Search Engine: A tool enabling Users to search for Experts by industry, location, and other relevant filters.
2.2.2. Job Marketplace: A marketplace section where Clients can post job requests, and Experts can respond by offering services.
2.2.3. Appointment Booking: A scheduling tool for clients to arrange appointments with Experts.
2.2.4. Opinion and Rating System: A system allowing clients to leave ratings and reviews on services received.

2.3. User Accounts

2.3.1. Account Types: The platform offers various account options for Experts, including free and paid plans, each with different functionalities and visibility in search results.
2.3.2. Professional Profile: Allows Experts to showcase their skills, experience, certificates, and references.
2.3.3. Client Account: Clients can set up a free account to access platform services.

2.4. Communication and Interaction

2.4.1. Contact Form: A form enabling Users to contact Experts and reach customer support.
2.4.2. Negotiations and Communication: Provides channels for Users to communicate, negotiate, and set cooperation terms with specialists.

2.5. Payments and Subscriptions

2.5.1. Payment Management: The platform manages subscription payments and other fees associated with premium services.

2.6. Additional Services and Support

2.6.1. User Support: Provides assistance through the Help Centre and Customer Service Office.
2.6.2. Online Tools and Resources: Offers resources like the Calendar and Help Centre to enhance the user experience.

2.7. Security and Data Protection

2.7.1. Personal Data Protection: Ensures that Users’ personal data is secured following applicable legal standards.

2.8. Applicable Legal Provisions
The platform complies with several key laws and standards:

2.8.1. Consumer Rights Act 2015: Protects consumer rights and outlines obligations of service providers, particularly for quality and information standards.
2.8.2. Data Protection Act 2018 and GDPR: Regulates personal data processing, ensuring Users’ and Experts’ data privacy.
2.8.3. Electronic Commerce (EC Directive) Regulations 2002: Sets rules for online service providers and mandates certain information be provided to Users.
2.8.4. Unfair Terms in Consumer Contracts Regulations 1999: Ensures fairness in contract terms for consumers.
2.8.5. Payment Card Industry Data Security Standard (PCI DSS): Establishes data security standards for processing credit and debit card transactions to minimise fraud.
2.8.6. Equality Act 2010 (EQA): Guarantees equal access and treatment for all Users on the platform.

This section outlines the procedures for posting and responding to job requests, communication between Clients and Experts, and the platform’s role in ensuring transparency and security while clarifying its limited responsibility in disputes and financial matters. It emphasizes fair conduct and mutual respect when engaging through the Job Marketplace.

3. JOB MARKETPLACE

3.1. Definition and Purpose of the Job Marketplace

3.1.1. The Job Marketplace is a dedicated section of the platform where Clients can post announcements for specific jobs or services they need, and registered Experts can respond by offering their services.

3.2. Posting Jobs

3.2.1. Posting Procedure: Clients can post job requests by completing and submitting a form on the platform. The form requires details such as:

• • Type of service
  • Deadline
  • Budget
  • Any other relevant information about the job

3.2.2. Responsibility for Content: The client is fully responsible for ensuring the information provided in the request is truthful, complete, and legally compliant.

3.3. Responding to Jobs

3.3.1. Submitting Offers: Experts can respond to posted requests by submitting offers through the platform. These offers should include:

• • Price
  • Deadline
  • Other relevant details for completing the job

3.3.2. Selection of Offer: The client can review and compare offers from various Experts, selecting the one that best suits their preferences and needs.

3.4. Communication Rules

3.4.1. Forms of Communication: Clients and Experts can communicate through the platform’s tools to discuss:

• • Terms of service
  • Specific request details
  • Other aspects of the cooperation

3.5. Liability and Protection

3.5.1. Transaction Security: While the platform aims to ensure the security of transactions and communications on the Job Marketplace, it is not responsible for:

• • The content of the requests
  • The quality of services provided by Experts
  • The financial arrangements between clients and Experts

3.5.2. Complaints and Disputes: If disputes or complaints arise from a request, the involved parties are responsible for resolving them independently. The platform may offer mediation support, but it is not liable for the outcome of such mediation.

3.6. Changes and Cancellations of Requests

3.6.1. Change or Cancellation Procedure: Clients can modify or cancel a request at any time before it is accepted by a Professional. After acceptance, any changes or cancellations must be made through mutual agreement between the client and the Professional.

3.7. Transparency and Integrity

3.7.1. Fairness in Conduct: Both clients and Experts are expected to act in good faith, maintain transparency, and respect the platform’s rules when using the Job Marketplace.

This section outlines the fees and payment policies for Experts using the Platform.

4. FEES AND PAYMENTS

4.1. General Rules

4.1.1. Free Use for Clients: Clients can use the Platform for free. There are no charges for registration, searching the database of Experts, or publishing requests.
4.1.2. Fees for Experts: Depending on the type of account chosen, Experts may need to pay subscription fees. Different account levels offer various features and benefits.

4.2. Types of Accounts and Subscription Fees

4.2.1. Free Account: Provides basic features without any subscription fees.
4.2.2. Standard Account: Provides advanced features for a monthly subscription fee of £29.00 + VAT, or £290 + VAT for an annual subscription.
4.2.3. Premium Account: Full feature package for a monthly fee of £59.00 + VAT, or £590 + VAT for an annual subscription.

4.3. Lead Fee

4.3.1. Lead Definition: A Lead is a potential customer who contacts a Professional via the Platform.
4.3.2. Lead Fees: Experts are charged a fee for each lead, depending on the account type:

• • Free Account: £2.50 + VAT per lead.
  • Standard Account: £2.00 + VAT per lead.
  • Premium Account: £1.50 + VAT per lead.

4.3.3. Lead Fees: These fees are charged only for the first contact between a customer and a Professional.

4.3.3.1. Experts will receive a monthly settlement in the form of a billing.
4.3.3.2. The amount due will be automatically charged to the Professional’s registered payment card.
4.3.3.3. Free Account: The Professional agrees to pay the specified amount within 7 days from the date of receiving the billing.

4.4. Payment Management

4.4.1. Payment Information: Subscription payments are automatically charged to the payment card registered by the Professional via the Stripe platform.

4.4.1.1. The Service does not collect, store, or process payment card data. This is handled by Stripe, and Stripe’s privacy policy can be found at Stripe’s Privacy Policy.

4.4.2. No Payment: If there are insufficient funds on the payment card, the service will attempt to charge the fee again. Failure to pay may result in the conversion of a paid account to a free account.

4.5. Cancellation and Refunds

4.5.1. Cancellation of Subscription: Experts may cancel their subscription by notifying the service in advance.
4.5.2. Refunds: If payments are incorrectly charged, the Professional may report the issue to the service. Any unjustly charged funds will be refunded to the Professional’s card.

This section explains the Platform’s commitment to protecting users’ personal data, their rights regarding their data, and how the data is stored, processed, and protected. It also outlines how users can manage their data and the steps the Platform takes to secure it.

5. DATA PROTECTION

5.1. Data Protection Principles

5.1.1.The Platform ensures compliance with data protection laws (GDPR) to protect the privacy of users.
5.1.2.Personal data is only collected and processed when necessary for the services provided and based on user consent.

5.2. Purpose of Data Processing

5.2.1.Users’ data is used for various purposes, such as registration, account management, communication, service provision, and marketing (if the user consents).
5.2.2.The Platform may also use anonymized data for statistical or analytical purposes.

5.3. Sharing and Transferring Data

5.3.1.Personal data is not shared with third parties unless required by law or for providing services, and only with the user’s consent.
5.3.2.If data needs to be transferred outside of the European Economic Area (EEA), the transfer will comply with relevant data protection regulations.

5.4. User Rights

5.4.1.Users have the right to access, rectify, delete, or limit the processing of their personal data.
5.4.2.Users can withdraw consent for processing their data at any time, but this will not affect any processing done prior to the withdrawal.

5.5. Data Security

5.5.1.The Platform employs technical and organisational measures to secure personal data and protect it from unauthorized access, changes, or destruction.

5.6. Data Storage

5.6.1.Personal data is stored only for as long as necessary to fulfil the purpose for which it was collected, or as required by law.
5.6.2.After the storage period ends, the data is securely deleted or anonymised.

5.7. Changes to the Data Protection Policy

5.7.1.The Platform reserves the right to update its data protection policy. Users will be notified of any changes via updates on the website or by email.

This section ensures that the intellectual property and content on the Platform are protected by law. It outlines users’ responsibilities in respecting copyrights and intellectual property, restrictions on how content can be used, and the potential consequences if these rules are violated. Users must ensure that the content they post do not infringe on the rights of others, and they are encouraged to report any violations.

6. COPYRIGHT AND INTELLECTUAL PROPERTY

6.1. Copyright Protection

6.1.1.Scope of Protection: All content on the Platform (such as text, images, logos, audio, and video) is protected by copyright and intellectual property rights. The Platform holds all rights to these materials.
6.1.2. Prohibition of Infringement of Rights : Users must not copy, reproduce, distribute, or modify any content on the Platform without prior permission from the copyright holder. This includes materials uploaded by other users.

6.2. Intellectual Property Protection

6.2.1.Trademarks and Functionality : The name, logo, and any other distinctive marks of the Platform are protected by law. They are owned by the Platform or its licensors, and users cannot use them without consent.
6.2.2.Intellectual Property of Users: Users are responsible for ensuring that the content they upload to the Platform does not violate the copyright or intellectual property rights of others. Users must have the necessary rights or consent to publish the content.

6.3. Use of Platform Content

6.3.1.Restrictions on Use : Users may only use content on the Platform in accordance with the law and within the scope allowed by the Platform’s functionality. For any other use, prior written consent from the rights holder is required.
6.3.2.Prohibited Practices: It is prohibited to use the Platform’s content for commercial, advertising, or any other purposes that could mislead others regarding the content’s origin or harm the Platform’s reputation or that of its users.

6.4. Liability and Sanctions

6.4.1.Users’ Liability : Users are fully responsible for any damage caused by violating copyright or intellectual property rights. The Platform reserves the right to take actions, including removing content, suspending access, or pursuing legal claims if rights are infringed.
6.4.2.Reporting Infringements: Users can report suspected violations of copyright or intellectual property rights through specific tools on the Platform or by contacting customer service.

This section emphasizes responsibility and fair conduct when using the Platform. It outlines the registration process, guidelines for posting content, and actions that could lead to account suspension. Users must adhere to legal standards and respect others’ rights while using the Platform. Violating these terms may result in sanctions, including restricted access or content removal.

7. RULES OF USING THE PLATFORM

7.1. Registration Requirements

7.1.1.Full Legal Capacity : To register on the Platform, users must have full legal capacity. By registering, users confirm that they meet this requirement.
7.1.2.Accuracy of Data : Users must provide accurate, up-to-date, and complete information during registration, and update their information if any changes occur.
7.1.3.Connection to the Internet : Users must have an internet connection to access and use the Platform.
7.1.4.Appropriate Devices : Users must have devices capable of using the internet properly, ensuring smooth access to the Platform
7.1.5.Internet Browser : The user must use an up-to-date internet browser for the best experience.
7.1.6.Active E-mail Account : An active e-mail account is required to register or log in to the service.
7.1.7.Active Mobile Phone: Certain services may require the user to have an active mobile phone number.

7.2. Rules for Posting Content

7.2.1.Prohibition of Posting Illegal Content: Users must not post illegal, offensive, or harmful content. This includes content that promotes violence, hatred, or pornographic material, or anything that violates the rights of others or is prohibited by law.
7.2.2.Responsibility for Content: Users are fully responsible for the content they post, ensuring it is truthful, reliable, and compliant with the law.
7.2.3.Prohibited Sharing of Contact Information: Sharing personal contact details (beyond what is necessary for registration) on the Platform is strictly prohibited. Violation of this rule can lead to immediate suspension of the user’s account.

7.3. Protection of Personal Data

7.3.1.Confidentiality and Data Protection: The Platform commits to protecting users’ personal data in accordance with the law and its privacy policy.

7.4. Prohibited Activities

7.4.1.Violation of Rights: Users are prohibited from engaging in actions that violate the rights of others, including privacy violations, data theft, or using users’ information for purposes other than those intended by the Platform.
7.4.2.Manipulation and Fraud: All forms of manipulation, fraud, or harmful actions against other users or the Platform are forbidden.

7.5. Use of the Platform

7.5.1.Use for Intended Purpose: Users must use the Platform according to its intended purpose and functionality.
7.5.2.Prohibition of Commercial Use: Without explicit consent, users cannot use the Platform for commercial purposes beyond what is allowed by the Platform’s functionality and regulations.

7.6. Access Restriction and Sanctions

7.6.1.Right to Restrict Access: The Platform has the right to restrict access to users who violate the rules, the rights of others, or legal provisions.
7.6.2.Sanctions for Violations: If a user violates the regulations, the Platform may take disciplinary actions, including content removal, temporary or permanent account suspension, or other measures.

This section contains essential closing clauses regarding changes to the regulations, liability, applicable laws, and other terms governing the Platform’s operations.

8. BONUS PLUS PROGRAM 

8.1. General Provisions

8.1.1. These Terms and Conditions (hereinafter: the “Terms”) govern participation in the BONUS PLUS discount program (hereinafter: the “Program”).
8.1.2. The Program is operated via the Znany Fachowiec platform, available at [https://myexpertmarket.co.uk] (hereinafter: the “Platform”).
8.1.3. Participation in the Program is entirely voluntary and free of charge.

2. Definitions

Platform – My Expert Market online service, which allows Professionals to present their services and Users to participate in the Program.
Program – The BONUS PLUS discount program that enables Users to receive discounts offered by Professionals.
User – A natural person (individual customer) who is registered on the Platform and holds an active BONUS PLUS Card.
Professional – A self-employed individual registered on the Platform who offers services and provides discounts under the Program.
BONUS PLUS Card – A virtual discount card assigned to a User’s account on the Platform, enabling access to Program benefits.
Discount – A reduction in the price of services provided by a Professional, as defined in the Professional’s profile within the Platform.

8.3. Conditions of Participation

8.3.1. Participation in the Program is limited to natural persons using the Platform as individual customers. Businesses and other legal entities are not eligible to participate.
8.3.2. To join the Program, the User must fulfill all of the following conditions:
 a) Register on the Platform;
 b) Accept these Terms and Conditions;
 c) Activate the BONUS PLUS Card via their user panel on the Platform.
8.3.3. The Program applies exclusively to services ordered through the Platform.

8.4. Use of the BONUS PLUS Card – Summary

8.4.1. Access: Users receive a virtual BONUS PLUS card after registering and logging into the Platform.
8.4.2. Eligibility for Discounts:

8.4.2.1. Discounts are only available from Professionals who participate in the BONUS PLUS Program.
8.4.2.2. To claim a discount, the User must:

8.4.2.2.1. Present the virtual BONUS PLUS card before receiving the service.
8.4.2.2.2. Confirm the selected Professional is in the Program.

8.4.3. Professional’s Discretion:

8.4.3.1. Each Professional may independently determine:

8.4.3.1.1. The type and value of the discount (e.g., % off, free service, extra benefits).
8.4.3.1.2.The services to which the discount applies.

8.4.3.2. The Professional may refuse the discount if the card is not presented before the service begins.

8.4.4. Other Terms:

8.4.4.1. Discounts cannot be combined with other promotions or exchanged for cash, unless explicitly stated otherwise by the Professional.
8.4.4.2. The Organiser is not liable for any changes made by Professionals regarding discount terms.

8.5. Professional Participation Rules – Summary

8.5.1. Voluntary Participation:

8.5.1.1. Professionals join the Program voluntarily.

8.5.2. Autonomy in Offers:

8.5.2.1.  Each Professional independently sets the value and terms of their discounts.

8.5.3. Obligation to Honor Discounts:

8.5.3.1. Professionals must honor the discount conditions they have publicly declared on their profile.

8.5.4. Withdrawal from Program:

8.5.4.1. A Professional may opt out at any time by editing their profile and removing the discount offer.

8.5.5. Organiser’s Role:

8.5.5.1. The Organiser does not:

8.5.5.1.1. Mediate in the provision of services.
8.5.5.1.2.Take responsibility for the quality, timeliness, execution, or results of services provided by Professionals.

8.6. Withdrawal and Exclusion from the Program

8.6.1. A User may withdraw from the Program at any time by deleting their account on the Platform or by contacting the Organizer directly.
8.6.2. The Organiser reserves the right to exclude a User or Professional from the Program in the following cases:

 8.6.2.1. Providing false or misleading information during registration;
 8.6.2.2. Abusing the Program or violating these Terms and Conditions;
 8.6.2.3. Attempting to use the BONUS PLUS Card on behalf of a business entity or any unauthorized third party.

8.7. Data Protection

8.7.1. The administrator of personal data is My Expert Ltd.
8.7.2. Personal data shall be processed solely for the purpose of operating, managing, and improving the Program, in accordance with applicable law and the privacy policy available on the Platform.
8.7.3. The processing of personal data will be carried out in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection legislation.
8.7.4. Users have the right to:

8.7.4.1. Access their personal data held by My Expert Ltd;
8.7.4.2. Correct any inaccurate or incomplete personal data;
8.7.4.3. Request the deletion of their personal data, subject to certain legal conditions, such as retention requirements for contractual or regulatory purposes.

8.7.5. For further information on how personal data is collected, processed, and stored, Users are encouraged to review the Privacy Policy on the Platform.

8.8. Complaints

8.8.1. Complaints related to the Program should be submitted via email to: office@myexpertmarket.co.uk
8.8.2. All complaints will be reviewed within 14 business days from the date of receipt.
8.8.3. Complaints concerning services provided by Professionals (e.g., failure to deliver a service) must be directed to the respective Professional.
8.8.4. The Organiser is not liable for the refusal of a discount if the User has not fulfilled the conditions specified by the Professional.

8.9. Amendments to the Terms

8.9.1. The Organiser reserves the right to amend, update, or modify these Terms and Conditions at any time, at its sole discretion.
8.9.2. Material changes to the Terms shall be communicated to Users via:

8.9.2.1. A notification displayed on the Platform; and/or
8.9.2.2. An email sent to the address associated with the User’s registered account.

8.9.3. Continued use of the Program following the publication or notification of any amendments shall constitute the User’s full and binding acceptance of the revised Terms and Conditions.

8.10. Termination of the Program

8.10.1. The Organiser reserves the right to terminate the Program at any time, subject to providing Users with at least 30 days’ prior notice.
8.10.2. Upon termination of the Program, all rights and obligations of the parties shall cease, except for any claims or entitlements arising from participation in the Program prior to its termination.

8.11. Final Provisions

8.11.1. Any matters not expressly regulated by these Terms and Conditions shall be governed by the laws of The United Kingdom.
8.11.2. These Terms and Conditions shall be made available on the Platform and shall enter into force upon their date of publication, unless a later effective date is expressly indicated.

9. FINAL PROVISIONS

9.1. Changes to the Regulations

9.1.1.Right to Changes: The My Expert Market Platform reserves the right to modify these regulations at any time. Changes may involve various aspects of the Platform, including services, fees, and personal data protection rules.
9.1.2.Informing about Changes: Users will be notified about any changes to the regulations via notifications on the Platform or through email. It is recommended that users regularly review the terms of service to stay updated.

9.2. Disclaimer

9.2.1.Limitations of Liability : The Platform is not liable for any direct or indirect damages
resulting from using or being unable to use its services. This includes loss of profits, damage to user data, or damage to users’ devices.
9.2.2.Liability for User Content: The Platform is not responsible for the content published by users. It does not guarantee the truthfulness, reliability, or legality of any content posted by users.

9.3. Law and Jurisdiction

9.3.1.Applicable Law: All legal relationships arising from the use of the Platform will be governed by the laws of Great Britain.
9.3.2.Dispute Resolution: Any disputes related to the Platform’s services will be subject to the jurisdiction of British courts.

9.4. Additional Provisions

9.4.1.Integrity of the Regulations: These regulations represent the full agreement between the user and the Platform and override any previous agreements or arrangements.
9.4.2.Autonomy of Provisions : If any part of these regulations is found to be invalid, the rest of the provisions will remain valid and enforceable.
9.4.3.Consistency of Terminology: Terms used in the regulations may appear under different names on the Platform but will still be subject to the provisions of the regulations.
9.4.4.Temporary Suspension of Services: The Platform has the right to temporarily suspend its services, including paid services, due to platform expansion, maintenance, repairs, or testing. The Platform will not be liable, including financially, for such interruptions.

9.5. Contact

9.5.1.Contact Form: Users can send any questions, comments, or concerns regarding the regulations or Platform services through the contact form: https://myexpertmarket.co.uk/contact/